The poll itself was different from 2000 in that the polling days saw a significant number of violent incidents. In the largely two-horse race of the 2002 presidential election Robert Mugabe was re-elected with an approximate majority of 400 000 votes, which was roughly equal to the number of voters on the disputed supplementary voters’ roll. The consequences included division in the opinions of the international observers, rejection of the result by the MDC, the mounting of yet another election petition and the suspension of Zimbabwe from the Commonwealth. In contrast to the period of quiet and the absence of violence following the 2000 poll, the months following the presidential election saw an escalation of violence in the country. Analyses of the pre-election climate during the presidential election make strong allegations about the perpetration of gross human rights violations and quite clearly implicate government agencies and ZANU PF supporters as overwhelmingly the most frequent offenders in these allegations22. Once again the MDC sought remedy through the courts and, in the vein of the previous petitions, saw the pattern of juridical prevarication and delays continue. The presidential election petition was not resolved by the time the “harmonised” elections took place in 2008, more than five years later23. Thus the problem of illegitimacy was compounded, with both the executive and the legislature tainted by the accusations of electoral fraud and the use of violence. ZANU PF and Robert Mugabe continued to govern, but the tide of critical international opinion began to mount and a greater range of punitive measures was applied against the government. Although the election in 2005 was generally agreed to be less violent than the two previous elections, it was nonetheless repudiated by all Western nations. Only “solidarity” African observer missions approved the process. Local and regional civil society bodies monitoring these elections agreed that the elections were less violent (but not free from violence), but also noted the high rates of intimidation, treating, and the use of partisan food-relief to ensure voter compliance24. The MDC saw their share of the Parliament reduced, and ZANU PF regained its two-thirds majority in Parliament. Thus, it seems evident that elections since 2000 continue the pattern observed since 1980, but, if anything, generally result in increasingly serious and organized violence and torture. ZANU PF seemed in an unassailable position in March 2005, and thus it was with amazement that the nation watched the events of May 2005 unfold as a massive onslaught against the urban populations of Zimbabwe, Operation Murambatsvina, was mounted in itself a “crime against humanity” as will be seen below., 2.4.3 Operation Murambatsvina According to the Zimbabwe government, this operation was an attempt at “urban renewal”, but certainly was not seen as such by anyone else. Beginning with an announcement on 19 May 2005 by the ZANU PF Mayor of Harare, days later the police moved into the high-density suburbs around Harare and Chitungwiza, and began demolishing “illegal” structures25. This action was replicated right around the country, and in a matter of months more than 800,000 people had been displaced. The operation even attracted the attention of the United Nations that sent a Special Envoy to Zimbabwe to investigate the consequences26. Apart from the destruction of property, theft, and displacement, gross human rights violations were reported on a large scale. According to the Action Aid International report, 27% of their sample reported being assaulted in police custody, 43% reported deaths or injuries as a result of police actions, and there were a significant number that reported being held in custody for periods longer than the statutory 48 hours27. Torture was not reported as such, but it can be inferred from the high number assaulted in police custody that some of these cases would amount to torture as defined in the UN Convention. Special Envoy, Anna Tibajuka, equivocated in her report on the operation that there were prima facie grounds for considering that a crime against humanity had been committed, but that the operation should not be considered as such and hastened to add that the situation ought not evoke the Responsibility to Protect on behalf of the international community. This view – that there were no grounds for asserting a crime against humanity – were not shared by other commentators, and, in an influential legal opinion, the Oxford Pro Bono Publico group laid out the grounds for Operation Murambatsvina constituting a crime against humanity28. As the Oxford group stated: Taking into consideration the size of and the manner in which the Operation was conducted, it is reasonable to conclude that it constituted an attack both widespread and systematic against a civilian population. Furthermore, the orchestration of the Operation has led to the conclusion that it was conducted pursuant to a State policy to commit such attack. 22 23 24 25 26 27 28 See Zimbabwe Human Rights NGO Forum (2002), “Are They Accountable?: Examining alleged violators and their violations pre and post the Presidential Election March 2002”, HARARE: ZIMBABWE HUMAN RIGHTS NGO FORUM. These elections were referred to as “harmonised” as Municipal, Parliamentary and Presidential Elections took place simultaneously. Given the acrimony between the parties, “synchronised” would have been a more accurate term. See NCA, The 2005 Parliamentary Election. Flawed, Unfree and Unfair! April 2005, NATIONAL CONSTITUTIONAL ASSEMBLY; Reeler, A.P., & Chitsike, K.C (2005), Trick or Treat? The effects of the pre-election climate on the poll in the 2005 Zimbabwe Parliamentary Elections. June 2005. PRETORIA: IDASA. While many shanties were destroyed, so too were brick and mortar homes with rate paying occupants. See “Report of the Fact-Finding Mission to Zimbabwe to assess the Scope and Impact of Operation Murambatsvina by the UN Special Envoy on Human Settlements Issues in Zimbabwe”. See ActionAid (2005), An in-depth study on the impact of Operation Murambatsvina/Restore Order in Zimbabwe. ActionAid International in collaboration with the Counselling Services Unit (CSU), Combined Harare Residents’ Association (CHRA) and the Zimbabwe Peace Project (ZPP). November 2005. See Oxford Pro Bono Publico Group (2005), ARE THE ACTIVITIES CONDUCTED DURING OPERATION MURAMBATSVINA CRIMES AGAINST HUMANITY WITHIN THE MEANING OF ARTICLE 7 OF THE ROME STATUTE? International Law Opinion. University of Oxford, November 2005. Page 7